Multnomah Education and Leadership for Our Members and Our Community April 2021 Volume 67, Number 4 Est

April 2021 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community April 2021 Volume 67, Number 4 Est. 1906 L aw y er Seeking Liberation: mba CLE Due to the COVID-19 situation, A Collective Vision for Equity for All the MBA will be offering all by Valerie Colas seminars ONLINE ONLY. To MBA President register for a CLE seminar, please see p. 3 or visit As a legal profession, we color do not always feel safe to go to law enforcement or they have www.mbabar.org and log in understand that words matter, other barriers, such as language barriers, that prevent them from as a member to register at the and that they have real doing so. Furthermore, our justice system If we truly are in member rate. consequences. The decision of has not always protected the rights of elected leaders and government victims of color, and this issue continues this together, officials to personify the threat today. The massacre of 34 Chinese miners then we must APRIL of COVID-19 with expressions such as “Chinese virus” and “Wuhan in the 1880s with no one being held also believe that 4.9 Friday virus” has resulted in the rise of hateful rhetoric and assaults against accountable is one horrific example.1 one community Multnomah County Presiding the Asian American Pacific Islander (AAPI) community in Oregon Moreover, there was once a time in which member’s suffering Court Update and across the country. Since the Stop AAPI Hate tracker was our justice system barred people of color is the suffering of Presiding Judge Stephen K. launched more than a year ago, there have been more than 3,000 from testifying; Chinese, Blacks, Native Bushong incidents of hate crimes against AAPI community members; AAPI Americans, and other people of color us all. community members have been coughed at and spat on, verbally lacked the civil right to testify in court 4.16 Friday harassed, barred from establishments, and physically assaulted. In in many states and territories even in cases in which they might be Workplace Re-Opening Portland, Asian American community members have experienced and COVID-19 physical attacks while using public transportation and many Asian- 1 In 1995, a county clerk opened an old safe in the Wallowa County Courthouse and Heather Van Meter owned businesses along 82nd Avenue and in the Jade District have found hidden documents relating to the massacre. During the time of the trial, there Dani Dupuis reported incidents of vandalism in recent months. More recently, in was little attention from the press. March, two men pushed and kicked an Asian American student at Continued on page 2 4.27 Tuesday Willamette University while the two men allegedly made derogatory Wearing Two Hats: Lawyers statements. On top of experiencing the devastating impacts of as Board Directors COVID-19, AAPI community members must worry now about their Heather L. Weigler physical safety. Rosalie Westenskow This surge of anti-Asian hate is part of a long legacy that intensifies whenever people are panicked about disease or economic SAVE THE Date! turmoil. Chinese immigrants have long been scapegoats for disease. In the early 1900s, officials blamed Asian residents for bringing MAY the bubonic plague outbreak to San Francisco and quarantined 5.12 Wednesday San Francisco’s Chinatown. In Oregon, from 1870-1885, there was MBA 115th Annual Meeting, The Guts of Estate Litigation: an expansion of anti-Chinese sentiment. Mobs drove out Chinese The Practical and Procedural immigrants from Oregon City, Mount Tabor, and Albina in the Awards Recognition and Aspects of a Will Contest 1880s. In 1887, a small group of white men massacred at least 34 Farewell to the Courthouse Jessie Minger Chinese miners in Wallowa County; the three white men charged were subsequently acquitted in 1888. These This surge of anti- long lists of atrocities helped usher in Wednesday, May 19 Asian hate is part Chinese exclusion laws. Likewise, Japanese 5-6:30 p.m. Americans have suffered and experienced of a long legacy In This Issue acts of violence, exclusion, and harassment, that intensifies Remote attendance via Zoom Calendar �� 2 especially during and after World War II. whenever people CLE �� 3 It is important for us to understand this are panicked Announcements �� 6 history of anti-Asian hate to be able to Celebrating the profession and recognizing Ethics Focus �� 6 about disease or MBA Bar Fellows �� 7 combat and address it today. our colleagues and the old downtown economic turmoil. Around the Bar �� 8 We also must understand the important Courthouse. Pro Bono Thanks �� 9 role that we play in witnessing and stopping hate. As Dr. Martin News From the Courthouse ��10 Luther King, Jr. stated, “In the end we will remember not the words Tips From the Bench ��10 of our enemies, but the silence of our friends.” We cannot remain Professionalism Award Profile: Hon. Kathleen Dailey �� 11 Rima I. Ghandour Profile: Hon. Jerry Hodson �� 11 silent as AAPI community members are attacked. We must be part YLS ��12 of creating a safer community by addressing words, jokes, slights, The Corner Office ��15 and comments that have ignited those racist and violent acts. It is MBA Diversity Awards Classifieds ��16 not sufficient to say that this is a law enforcement issue or that we Parna A. Mehrbani need more law enforcement on the streets. As we know in this time Multnomah Bar Association of racial reckoning, Black, Indigenous, and other communities of MBA Awards of Merit 620 SW 5th Ave Steve Doty Suite 1220 Portland, Oregon 97204 Mackenzie Hogan 503.222.3275 Multnomah Bar Association MBA staff www.mbabar.org PRSRT STD 620 SW Fifth AVE., Suite 1220 YLS Awards of Merit U.S. POSTAGE Portland, Oregon 97204 Hansary Laforest PAID Meredith McMurray PORTLAND, OR Veronica R. Rodriguez PERMIT NO. 00082 YLS Rookie of the Year All First-Year YLS Committee Members Pro Bono Awards John C. Clarke Samuel C. Justice Laura R. Zaro

1 Multnomah Lawyer MBA Board of Get Involved in the MBA Directors Consider Volunteering for an Calendar President Valerie Colas MBA or YLS Committee APRIL MAY Treasurer To volunteer for a committee, legal community, and create Caroline Harris Crowne 12-16 Donation Drive to 3-21 MBF Fundraising please see the insert in this issue or and strengthen a relationship of Benefit Transition Projects Campaign Secretary and President-Elect visit www.mbabar.org/volunteer mutual support between the MBA Jovita T. Wang Details on p. 12 and diverse bar organizations. 19 Wednesday Past President Rewards of Volunteering The committee also administers 21 Wednesday MBA Annual Meeting Sarah Radcliffe Meeting new people and the Diversity Award screening OMLA and the OSB Details on p. 1 expanding perspectives are two and selection process. President’s Virtual Luncheon Directors of the reasons members cite for 25 Tuesday YLS President serving on committees. When Events: Plan social, networking, 22 Thursday MBA Professionalism Panel Brad Krupicka you join a committee, you and fundraising events, MBA Solo & Small Firm Details on p. 8 become part of a team of your including the annual golf Jacqueline L. Alarcón Workshop: Virtual Offices/ colleagues. As you contribute to tournament to benefit the Returning to the Office 31 Monday Nellie Q. Barnard the work of the committee, you Campaign for Equal Justice. Details on p. 9 Memorial Day - MBA Office David I. Bean also learn from other members. Closed Paul S. Bovarnick Together, our volunteers provide Judicial Screening: Review Ben Cox valuable service to the legal applications of pro tem and Timothy J. Resch community. Most committees judicial appointment candidates meet for one hour once a confidentially, and report John Robb Solo/Small Firm: Focus on YLS Pro Bono: Provide month from September through recommendations as called for by programs and services that are leadership and professional Seth H. Row May. Meetings have continued the MBA Board-approved process. of value to small firms and solo development opportunities Gloria J. Trainor virtually during the pandemic. practitioners. for young lawyers in pro bono Theresa L. Wright Professionalism: Promote work. Administer the local MBA Committee Descriptions principles of professionalism YLS Committee Descriptions Wills for Heroes Foundation within the legal profession, Executive Director CLE: Plan, conduct and evaluate YLS CLE: Organize 27+ MCLE- clinic, providing estate planning Guy Walden through the Corner Office 40 CLE seminars, focusing on accredited seminars, with services to first responders. article, Professionalism Director, Events & Programs members’ primary areas of practice. content intended specifically Statement, Mentor Program YLS Service to the Public: Kathy Modie for newer attorneys. Provide and professionalism training Court Liaison: Foster additional professional and Provide programs to engage Office & Foundation programs. The committee also constructive dialogue with the career development seminars for young lawyers in community Administrator administers the Professionalism outreach activities that educate Pamela Hubbs Multnomah County Circuit the YLS membership. Court presiding judge and trial Award screening and selection the public about the legal system, process. Member Services Administrator court administrator with regard YLS Membership: Assist in the positive role of attorneys in Ryan Mosier to current practices, or to rules or recruitment and involvement of society, and the legal resources Public Service: Explore new available to the community. Office Administrator procedural changes before they MBA young lawyer members, to ways for lawyers to assist those Lauren Fairshter are implemented by the court. encourage member participation in need in the community, in the YLS, and to organize a in partnership with the MBF Board of Directors Equity, Diversity & Inclusion: variety of networking activities court, pro bono and social Foster and expand diversity, for YLS members. President service providers, and other J. Mackenzie Hogan inclusion and equity in the MBA and Multnomah County stakeholders. Vice President Victoria Blachly Secretary/Treasurer Seeking Liberation Joseph L. Franco Past President Continued from page 1 Jennifer S. Wagner the victim.2 The lack of trust in Directors our justice system by people of color and those who have been C. Marie Eckert marginalized is real and based on Hon. Amy Holmes Hehn these past experiences. Elizabeth C. Knight Now more than ever, as Marshal P. Spector potential witnesses to acts of Richard J. Vangelisti hate it is incumbent upon all of us to engage in and learn Tyler J. Volm bystander intervention that empowers the person being The MULTNOMAH LAWYER is targeted while attempting to www.storybasedstrategy.org/the4thbox published 11 times per de-escalate the situation. If we year by the Multnomah Bar truly are in this together, then solutions that work for the good Moreover, highlighting the what reality is, what equity can Association, 620 SW Fifth Ave. we must also believe that one of all. As Dr. Martin Luther challenges and inequities faced be, and how we can move to Ste. 1220, Portland, OR 97204 community member’s suffering King, Jr. explained, “We are by one group does not discount removing all forms of oppression 503.222.3275 is the suffering of us all. As Yuri caught in an inescapable network the struggles of other groups. to experience liberation for all. Advertising is accepted; Kochiyama stated, “Life is not of mutuality, tied in a single Instead, it makes us aware of advertisers(ments) are not what you alone make it. Life garment of destiny. Whatever necessarily endorsed by the MBA. The editor reserves the right to reject any is the input of everyone who affects one directly, affects all advertisement. touched your life and every indirectly.” experience entered it. We are all My view is also informed by DEADLINE for copy: The 10th of the month* part of one another.” my family; for us, Black lives DEADLINE for display ads: The 12th of the I view the statement that include our cousins who have The professionals at the OAAP month* “Black Lives Matter” as an Japanese ancestry, Vietnamese are lawyers and counselors – ideally *or the preceding Friday, if on a weekend. inclusionary statement calling for ancestry, and Puerto Rican suited to help lawyers, judges, and law students with: NEWSLETTER STAFF CONTACTS equity and equality for all. The ancestry. Our many identities Editor: Guy Walden conversations that we have been do not exist independently, but v PROBLEMATIC ALCOHOL & SUBSTANCE USE Advertising: Ryan Mosier having as a result of the Black they intersect. In fact, Black lives v DEPRESSION & MENTAL HEALTH CONCERNS Design: Cyrano Marketing Solutions Lives Matter movement help us include: Black Asian Americans v TIME MANAGEMENT & PROCRASTINATION Copyright Multnomah Bar Association 2021 understand the relationship of - Vice-President Kamala Harris v CAREER CHANGE & TRANSITION Black, Indigenous, and other and Naomi Osaka; Black Latinx v PROBLEMATIC INTERNET USE communities of color to systems Americans - Miriam Jiménez v COMPULSIVE/SELF-DEFEATING BEHAVIOR

of oppression and to call for Román; Black LGBTQ people v PROBLEM GAMBLING - Bayard Rustin and Laverne 2 Although there may no longer be Cox; and Black individuals with such laws today, Black people and other people of color often find their disabilities - Johnnie Lacy and Our services are confidential testimonies impeached due to their Haben Girma. and free of charge. prior convictions that were products of OREGON ATTORNEY ASSISTANCE PROGRAM ț racially-motivated policing. helping lawyers, judges, and law students since 1982 503.226.1057 1.800.321.6227

The OAAP is a program managed and funded by the Professional Liability Fund

2 www.mbabar.org OAAP_fillad_FALLS_2020_1-3rd pg_square April 2021

The MBA will apply for general OSB MCLE credit unless otherwise noted; Washington credit may be obtained independently. Registrants who miss the seminar may request the written materials. Substitutions are welcome. Registration fees are non-refundable. CLE Unless otherwise noted, all classes are held online. Multnomah County Presiding Court Update Wearing Two Hats: Lawyers as Board Directors Friday, April 9 12-1:30 p.m. Tuesday, April 27 10-11 a.m. Online Participation Only Online Participation Only Attendance is FREE Members $30/Non-Members $50 Note: One 1.5 hours of OSB MCLE general credit will be applied for. Lawyers are often courted as nonprofit board directors because of our unique Multnomah County Presiding Judge Stephen K. Bushong will present an skills and insights, but board service can also pose professional risks to practicing update on the state of the court and court operations in light of the ongoing attorneys. Heather L. Weigler, of Oregon Department of Justice’s Charitable COVID pandemic. This seminar is designed for attorneys at all levels of Activities Section, and Rosalie Westenkow, of Nonprofit Law Northwest, LLC, experience and questions are strongly encouraged. will discuss how lawyers can fulfill their fiduciary duties as directors and officers while managing the risks of serving on a nonprofit board. The presentation will For more information: Contact Ian Christy, Miller Nash Graham & Dunn LLP, at discuss effective board service, the value lawyers can add as board members, and 503.205.2416. For registration questions, contact the MBA at [email protected]. ethical considerations lawyers should be prepared to navigate. The speakers will suggest strategies for meeting lawyers’ professional and board obligations to set the stage for successful board service by attorneys. Workplace Re-Opening and COVID-19 Friday, April 16 12-1 p.m. For more information: Contact the MBA at [email protected]. Online Participation Only Members $30/Non-Members $50 The Guts of Estate Litigation: The Practical and Procedural Join us for this timely presentation on how to safely return to work and re-open Aspects of a Will Contest workplaces. Learn about U.S. and Oregon OSHA’s new mandatory provisions Wednesday, May 12 2-3 p.m. and guidance. Our medical expert will discuss how to slow virus transmission Online Participation Only at work, and our employment and business law attorney will discuss OSHA Members $30/Non-Members $50 requirements and guidance on workplace safety. Both speakers will provide practical tips for safe workplace re-opening. Our speakers are Heather Van Jessie Minger will present an intermediate-level presentation to trust and estate Meter, attorney and trial lawyer, Bullard Law; and Dani Dupuis, Family Nurse litigators related to will contest discovery, mediation, and hearings, including Practitioner and Co-Founder of Phoenix Rising Family Medicine. virtual hearings. Jessie has been practicing law for 18 years. She worked as a prosecutor at the Multnomah County District Attorney’s office at the start of her For more information: Contact the MBA at [email protected]. career and is now partner at Cable Huston. She focuses her practice in litigating matters involving trusts, guardianships, conservatorships, elder financial abuse, will contests, and probate administration. For more information: Contact Eryn Hoerster, Foster Garvey PC, at 503.553.3128. For registration questions, contact the MBA at [email protected].

CLE Registration Form Seminar Selection: Please select the seminar(s) you wish to attend. Written materials for each class are included with registration. Pre-registration with payment is required to participate. NAME CARD NUMBER 4/9 Multnomah County Presiding Court Update FIRM EXPIRATION DATE AND SECURITY CODE Online attendance only - link will be emailed o Class Registration (FREE) ...... $______

ADDRESS SIGNATURE 4/16 Workplace Re-Opening and COVID-19 Online attendance only - link will be emailed o Class Registration ($30 Members/$50 Non) . . .$______CITY STATE ZIP BILLING ADDRESS FOR CARD (if different) 4/27 Wearing Two Hats: Lawyers as Board Members Online attendance only - link will be emailed PHONE o Class Registration ($30 Members/$50 Non) . . . $______

OSB# 5/12 The Guts of Estate Litigation: The Practical and Procedural Aspects of a Will Contest Member Status: Payment Options: Online attendance only - link will be emailed o Class Registration ($30 Members/$50 Non) . . . $______o MBA Member o Check o VISA o MasterCard o Non–Member o American Express Total due ...... $______

Online CLE registration strongly encouraged. Visit www.mbabar.org to register online. Registration forms with payment must be received in the MBA office by 3 p.m. the day before the seminar. Registration forms may be mailed the address below. Accommodations available for persons with disabilities; please call in advance for arrangements. Unable to attend? Photocopy registration and mail payment to: Archived webcast options are available Multnomah Bar Association at www.mbabar.org/cle 620 SW Fifth Ave., Suite 1220 n Portland, OR 97204 503.222.3275

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Baldwin Dispute Resolution Solo & Small Firm Committee presents Mediations & Arbitrations Where and How Should We Work: Richard C. “Dick” Baldwin In-Person, Virtual or Hybrid Office? Former Supreme Court Justice, Trial Judge & Trial Attorney Thursday, April 22 All disputes, including: 3-5 p.m. • Personal Injury and Remote attendance only via Zoom Wrongful Death • Commercial Litigation • UM/UIM Neutral • Arbitration Services of As COVID-19 restrictions ease, are you considering whether and when to return Portland (Panelist) to an in-person law office, or remain a remote office? Are you experiencing • American Arbitration challenges with virtual meetings or virtual mentoring? What’s working, and Association (Employment what’s not? In this CLE you will hear about the experiences of several of your Law Panelist) colleagues who are considering these same issues. They will share their decision- making processes with you, various considerations in staying remote versus going 503-545-0304 back to the office, and some of the expected and unexpected situations they have [email protected] encountered. You will also hear from a representative of the PLF who will offer a general overview of ethics considerations involved in remote offices, and an Attorney Counselor of the Oregon Attorney Assistance Program to talk about some of the challenges they have heard from attorneys who have struggled with remote/virtual working. Joining us for this discussion will be Hong Dao, Practice Management Attorney for the Professional Liability Fund; Bryan Welch, Oregon Attorney Assistance Program; Elizabeth Hohn, Thompson Law Group LLC; Emery Wang, Vames & Wang; and moderator, Heather E. Harriman of Rose Law Firm, PC.

Cost: Free for members/$50 non-members. The MBA will apply for two hours of OSB CLE credit.

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Ethics Focus Gone Fishing: mba announcements Closing a Law Practice Statement of Diversity Principles Available to Sign The MBA Equity, Diversity & Inclusion Committee invites you to by Mark J. Fucile sign the Statement of Diversity Principles. Read and sign the diversity Fucile & Reising LLP statement and pledge at www.mbabar.org/diversity. Volunteers Needed for Children’s Representation Program The OSB and the Professional electronic files in a format that will Volunteers are needed to represent children in their parents’ custody Liability Fund (PLF) both have remain accessible for the duration and parenting time disputes. Lawyers find this challenging work information available on how these of any chosen retention period. very rewarding. Children and families benefit greatly from the hard other law-related occupations may When either electronic files or their and compassionate work lawyers in this program offer to their child affect licensing and the need for paper counterparts are eventually clients. For questions or to sign up, please contact Judge Svetkey at malpractice coverage. destroyed, OSB Formal Opinion [email protected] or Brandy Jones at Third, in this column, we’ll 2005-141 (rev 2015) counsels that [email protected]. focus on the risk management the destruction (and any associated aspects of closing a law practice. recycling) should be done using a Pro Bono Opportunity for Real Estate Attorneys Other areas, such as commercial process compatible with a lawyer’s Proud Ground is an Oregon nonprofit that creates permanently Retiring is nothing new for lawyers. landlord-tenant and employment continuing duty of confidentiality affordable homeownership opportunities for first-time homebuyers Retirement, however, is becoming law, may also enter the mix to - including any associated using the Community Land Trust model. It is in desperate need of a more common as the demographic address other business aspects of equipment such as old computers few real estate lawyers to be added to a referral list of attorneys to meet bulge of “Baby Boom” lawyers winding-down a practice such as and other data storage devices that with their homeowners to explain transaction documents to them. wind down their practices. If a the firm’s office lease and staff. are being recycled. The time investment is typically one to two hours per homeowner, lawyer is at a midsize or larger firm, and each attorney on the list usually does about one review per transitioning into retirement usually Files Trust Accounts month. If you have time and an interest, please feel free to reach means simply handing-off ongoing Lawyers wind-down their practices The PLF has a detailed checklist out directly to Proud Ground’s Homeownership Program Director work to other partners because the in different ways. Some continue available on its website for Katie Ullrich at [email protected]. retiring lawyer’s firm is continuing. to handle a routine workload closing trust accounts. Ideally, all For solos and even some small firm while transitioning clients to new disbursements should reconcile Noontime Rides counsel. Others stop taking on perfectly and the account can Social distancing will be observed and the rides will continue lawyers where partners are retiring at roughly the same time and new work and then handle their be closed with a zero balance. as scheduled. Short fast rides with hills. Meet at SW corner of existing matters to conclusion. Occasionally, however, lawyers Pioneer Courthouse Square (Yamhill & Broadway) between noon who are not selling their practice, transitioning often means closing Even if work is transitioned to winding down their practice and 12:10 p.m., Monday and Thursday. Contact:R ay Thomas replacement counsel, prudent discover small sums in their trust 503.228.5222 with questions, or meet at start. their law practice altogether. In this column, we’ll look practice suggests keeping a “loss accounts where, after a reasonable at three aspects of closing a law avoidance” copy of the file in the search, the clients owning the funds practice upon retirement. First, event any issues arise later. cannot be located. In that event, we’ll survey file retention. Second, In the not-too-distant past, OSB Formal Opinion 2005-48 (rev we’ll address closing the firm’s trust maintaining paper files into 2010) provides detailed guidance account. Finally, we’ll discuss “tail” retirement often meant renting for reporting the unclaimed insurance coverage. storage space from a commercial property to the Department of Before we do, however, three vendor. With the advent of largely State Lands and disbursing the caveats are in order. cloud-based electronic files, abandoned funds to the OSB. First, this column addresses the cost of long-term storage Insurance lawyers who are affirmatively has been reduced considerably. Having a malpractice claim surface executing a retirement plan. Bar Electronic files, nonetheless, after retirement isn’t what most associations nationally have long present their own unique issues. lawyers anticipate. Although suggested that solos in particular OSB Formal Opinion 2016-191 Oregon has a two-year limitation have the law firm equivalent (2016) discusses electronic files period for malpractice claims of advance directives outlining generally and Formal Opinion under ORS 12.110, it is coupled business basics and colleagues 2011-188 (rev 2016) addresses with a “discovery rule” (see Stevens who have agreed to help in the cloud storage. The former suggests v. Bispham, 316 Or 221, 227, 851 event the lawyer concerned dies that once a lawyer has returned P2d 556 (1993)) that can extend that unexpectedly or has a serious original documents having legal window. At the same time, under health problem that prevents the significance in paper form (such Oregon’s statute of repose - ORS lawyer from practicing. ABA as original wills) to clients, the 12.115 - malpractice claims are Formal Opinion 92-369 (1992) balance of the files involved can be generally barred if brought more (among others) remains an scanned and stored electronically than 10 years from the date of the excellent resource on this point. (if not already in electronic form). alleged error regardless of discovery Second, “retirement” from The latter generally approves cloud (see Davis v. Somers, 140 Or App 567, a law firm does not necessarily storage provided the vendor has 570-71, 915 P2d 1047 (1996)). Even mean retirement from the law appropriate security protocols. if a court ultimately determines that altogether. Many lawyers who have The PLF recommends that a claim is time-barred by the repose closed their own firms remain most files be maintained for at statute, however, the defendant active through pro bono work, least 10 years after closing. Formal lawyer still had to incur defense costs. mediation, teaching and a variety Opinion 2016-191 notes that Continued on page 9 of other law-related positions. lawyers should generally store

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6 www.mbabar.org April 2021

for so long, I really appreciate What was the last book you of alternate reality professions Get to Know Our taking a deep breath and not loved? Born a Crime by Trevor I would be involved in, from a feeling like my lungs were being Noah. His storytelling combined speech writer to an etymologist. MBA Bar Fellows wrapped in a wet blanket. with his humor made his Realistically, I would either be retelling of his childhood all the pursuing a masters in political The Multnomah Lawyer is What has surprised you What has been your best law more enthralling. science or history (which was introducing you to one or two most about law school? How school experience so far? Last part of my BS) or engaged in Multnomah Bar Fellows each collaborative it is! There are so year, the Red Door Project gave We need you to tell us the best a professional soccer career month in 2021. The Multnomah many interesting people who are a powerful presentation at the album of the year. For 2020, (considering I played in college). Bar Fellows program aims to just as interested in your success, law school which was one of the the best album of the year was increase the diversity of our bar and want to thrive with you. most powerful experiences I Donald Glover’s 3.15.20! It was a What is your favorite holiday? have ever been able to enjoy. complex listen perfect for being Christmas! It holds special by recruiting and supporting What do you hope to be doing inside during quarantine (It Is significance for me because outstanding, diverse law students professionally in 10 years? I What do you hope to be doing What It Is by Thundercat is a it is the time that I often get with a commitment to practicing hope to be using the knowledge professionally in 10 years? close second). to visit my extended family in Oregon. Learn more about the that I am learning in law school Ideally, I want to be working in in Jamaica. While I forego a program, and how you can get to empower communities of the nonprofit or think tank world If you hadn’t gone to law white Christmas, I get to enjoy involved as a sponsor or supporter color! Time will tell what that to be able to effect the change I school, what would you be coconuts, mangoes, family and at www.mbabar.org/fellows. looks like! am so passionate about. doing? I keep a running list fellowship. This month we meet Mark What was the last book you Cebert and Michael Cebert. loved? Born a Crime by Trevor Noah We need you to tell us the best album of the year. See You When I’m Famous by KYLE. If I had to recommend one song, it would be “The Sun” ft. Bryson Tiller. What television show should we be watching? Full Metal Alchemist: Brotherhood Manage your law firm What makes a good lawyer? Compassion. In any part of law, from anywhere. there are people who have some need. Compassion and empathy Spend more time doing what you love. Manage your legal practice help us get closer to them, and from any device, anywhere and keep your practice running smoothly. Mark Cebert become dedicated and nuanced servants of society. 2L summerClaim position: your 10% Oregon Clio discount at Name: Mark Cebert Innocencelanding.clio.com/multbar Project Law School: Lewis & Clark Law What is your favorite thing School about Oregon? I love the air Year: 2L here. Having lived in the South Hometown: Huntsville, AL 1L summer position: Dunn Carney Summer Associate/ intern at OSB Professional Liability Fund 2L summer position: Legal intern for Judge Robyn Aoyagi at Oregon Court of Appeals What is your favorite thing about Oregon? The natural Michael Cebert beauty! It has so many interesting places to explore! Name: Michael Cebert Why are you looking forward Law School: Lewis & Clark Law to practicing law in Oregon? School The small legal community is Year: 2L so welcoming and helpful! I Hometown: look forward to practicing in Huntsville, Alabama this community and working 1L summer position: Law clerk to elevate the legal profession intern, Nike Inc. together.

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7 Multnomah Lawyer

businesses, including in the fields of securities law, corporate finance, Around the Bar corporate governance, contract negotiation, and general business. She works with both new and established companies, and enjoys participating in Portland’s vibrant startup ecosystem.

Kathryn Hindman Sarah Vogel

Chenoweth Law Group Sarah Vogel joins Chenoweth Law Group (CLG) in the firm’s Megan Ferris Jason Powell civil litigation practice. Prior to joining CLG, Vogel served MacMillan, Scholz & Marks home builders, employers, as lead counsel on over 60 Megan Ferris, a trial attorney and individuals with an array criminal jury and bench trials at and shareholder at the firm, of real estate, employment, Anna Sortun the Clackamas County District has become a member of construction and design, Litigation partner Anna Attorney’s office. Vogel will the Federation of Defense & land use, administrative, and Sortun has been elected to the draw on that experience and her Corporate Counsel (FDCC). environmental matters. Board of Directors of Oregon former career in real estate to Founded in 1936, the FDCC Powell is a seasoned real Humanities. bring depth and heft to the firm’s is an invitation-only organization estate, securities and corporate Oregon Humanities was real estate, business, and estate for US and international attorney with substantial established in 1971 and works litigation practice. civil defense litigators, senior experience advising real estate to connect Oregonians to corporate counsel and insurance investment companies and J. Kent Pearson ideas that change lives and claims executives. developers, real estate fund transform communities through Ferris joined MacMillan, managers, lenders, investors The Around the Bar column programs such as Humanities Scholz & Marks in 2006, and experienced businesses and start- reports on MBA members’ in Perspective and The became a shareholder with the ups across the United States. moves, transitions, promotions Conversation Project. In 2016, firm in 2014. Her civil litigation and other honors within the Tonkon Torp began hosting practice includes construction profession. The submission Conversation Project lunches defense, insurance defense deadline is the 10th of the for lawyers and staff as a way to and commercial litigation in month preceding publication or engage in thoughtful dialogue Oregon and Washington. Ferris the prior Friday if that date falls about aspects of diversity. regularly handles cases involving on a weekend. All submissions Sortun is co-chair of Tonkon construction defect, personal are edited to fit column format Torp’s Litigation Department. injury, employer liability, and the information is used on She has a wide-ranging premises liability and product a space-available basis in the commercial litigation practice liability claims. order in which it was received. that encompasses consumer Submissions may be emailed to protection matters, disputes Maryann Yelnosky [email protected]. between business owners, and complex tort cases. Sortun also has an active pro bono practice. Sam Klausen Dunn Carney is excited to announce that Sam Klausen has joined the firm as an associate mba EVENT attorney. Klausen graduated cum laude from Willamette College The MBA Professionalism Committee presents of Law in 2020, where she was an extern to Chief Justice Martha Mindful Professionalism in Walters of the Oregon Supreme Court, an active member of Family Law Moot Court, and Editor-in-Chief Tuesday, May 25 David Boyer of Willamette Law Review. Remote attendance only via Zoom 3-5 p.m.

The goal of the presentation is to enhance a Francis Barnwell mindfulness of professionalism in the daily practice of family law. Specific presentations will be made in the following contexts of family law practice: 1. Professionalism in attorney/client relations; 2. Professionalism in opposing counsel/opposing party relations; and 3. Professionalism in mediations and the courtroom. Presenters: Senior Judge Diana Stuart; Peter Bunch, The Law Firm of Peter Bunch; David Gearing, Gearing Rackner & McGrath LLP; Maxine Tuan, Wyse Kadish LLP; Michael Yates, Yates Family Law PC; and Jeff Chelsea Glynn Matthews, Gevurtz Menashe PC. Dunn Carney LLP Claire Brown Cost: Free for members and non-members. The firm has announced that Tonkon Torp LLP David Boyer, Chelsea Glynn, Partner Claire Brown has joined The MBA will apply for two hours of ethics OSB and Jason Powell have been the Oregon Entrepreneurs Anne Denecke MCLE credit. named partner. Network (OEN) Board of Arbor Employment Law Boyer joined the firm in Directors as its Secretary. Tonkon Francis Barnwell, Anne Register at www.mbabar.org. 2015 and handles real estate and Torp is an active advocate for Denecke, Kathryn Hindman, corporate matters. He focuses Oregon’s startup community, and J. Kent Pearson and Maryann on working with closely held has had an attorney serving on the Yelnosky have joined to form businesses and commercial real OEN board since the early 2000s. Arbor Employment Law. The estate transactions. Brown is a partner in the new firm focuses on representing Glynn helps businesses, firm’s Business Department, private and public sector municipal bodies, landlords, and has experience addressing a employers in employment and tenants, property managers, broad range of legal issues facing labor law matters. 8 www.mbabar.org April 2021

Ethics Focus automatically - but the limits are • Travis Leatham • Elizabeth those applicable in the last year Lemoine • Justin Leonard • Riley Continued from page 6 the lawyer was in private practice. Pro Bono Volunteers Makin • David Malcolm • Collin Carriers provide “extended If the lawyer had excess coverage McKean • Ilene Munk • Richard reporting” or “tail” coverage to through the PLF while in practice, Parker • TheodoreR euter • Susan tail coverage is also available for Thank you to the following Alexzander CJ Adams • Kristine Rossiter • Ferdinand Ruplin • address, among other things, lawyers who recently donated Almquist • Daniel Bonham • claims that arise following a purchase under the PLF Excess Ava Schoen • Mindy Stannard • Plan. More information on both is their pro bono services to the Brett Carson • Jeannine Ferguson Anne Steiner • Hon. Jill Tanner lawyer’s retirement. The PLF Children’s Representation Project • Michelle Freed • Michael Fuller Basic Plan provides tail coverage available at www.osbplf.org. • Jaye Taylor • Evans Van Buren or the Volunteer Lawyers Project • Julia Hagan • Ezra Hammer • Mary VanderWeele • Kathryn at Legal Aid Services of Oregon. • Holly Haymond • Theressa Williams • Harry Wilson Visit www.mbabar.org/probono Hollis • Rose Hubbard • Scott to discover pro bono opportunities Hutchinson • Samuel Justice • Congratulations in Multnomah County. John Koch • William Kwitman Laura Salerno Owens

Larkins Vacura Kayser congratulates and welcomes BRETT APPLEGATE AND TOM BODE LVKLAW.COM

Brett Applegate has become a partner in the fi rm. Brett, who joined Recognized as a 2021 Oregon Women LVK in 2016, focuses on resolving business, contract, and real estate disputes on behalf of a range of clients, including large and small of Achievement honoree by the Oregon businesses, fi nancial institutions, and individuals. A writer at heart, Commission for Women. Brett uses eff ective written advocacy and uncompromising attention to detail to resolve disputes both in and out of court. We celebrate Laura as well as the other BRETT APPLEGATE outstanding Oregon Women of Achievement Partner honorees past and present including:

Oregon Supreme Court Justice Adrienne Nelson · Governor Tom Bode joined us (a year and a pandemic ago) from the Clackamas Kate Brown · U.S. District Court Judge Ann Aiken · Author County District Attorney’s Oﬃ ce, where he tried 17 cases to verdict Cheryl Strayed · Former Oregon State Senator Avel Gordly in 16 months. And prior to that he clerked for Chief Justice Thomas Author Ursula Le Guin · Former Governor Barbara Roberts Balmer of the Oregon Supreme Court. Tom takes a strategic, results- oriented approach to litigation, providing excellent client service and Former Portland Mayor Vera Katz · Former Oregon a dogged determination to achieve our clients’ objectives. He is part State Senator Susan Castillo · Businesswoman Gert Boyle of our environmental and commercial litigation teams. TOM BODE Philanthropist Arlene Schnitzer Attorney

17146 LVK Attorney Ad Multnomah January 2021 03jc.indd 1 2/16/21 12:36 PM Business Litigation at the Highest Level Portland | 503.295.3085 | markowitzherbold.com Kitchel ADR

Arbitration and Mediation Services Over 80 years of trial experience www.kitcheladr.com Chris Kitchel Jan Kitchel [email protected] [email protected] 503.502.8861 503.730.0685

9 Multnomah Lawyer

Tips From the Bench News From the Courthouse

by Paul Bovarnick person jury. Because of the smaller appearances continue to be remote It’s a Great (Court)house, MBA Board Liaison number of jurors and the limited rather than in person. Beginning on and number of people involved, only April 5, presiding court will resume but the Pipes are Making Pamela Hubbs one courtroom was needed for the afternoon ex parte appearances at MBA Staff Liaison trial itself, and the jury was able 1:30 p.m. daily due to increasing Strange Noises to deliberate in a single jury room demand and the time required in Presiding Judge’s Report - rather than needing additional the morning for the call dockets. by Judge Beth Allen Hon. Stephen Bushong courtrooms assigned. Trial Court Administrator’s Multnomah County Circuit Court Ben O’Glasser is the court’s newest In the other case, a civil trial Report - Barbara Marcille hearings referee; he began his heard by Judge Judith Matarazzo, There have been COVID-19 courthouse was the target of some assignment on February 22 the plaintiff convinced the presiding outbreaks at the Inverness Jail, of the protesters’ frustration, with and is cycling through several judge that there was a particular causing multiple housing units to be nightly tags and minor vandalism. dockets. Referees in Multnomah urgency justifying conducting the placed on medical lockdown. The The Justice Center was broken into County are required to learn many trial during the pandemic. Even court adapted by implementing a and a fire was set. facets of the law and interact with then, the trial was delayed on the eve process to allow video appearances By June, after being the primary members of the community as they of trial after one participant tested from the Inverness Jail when target during nightly protests, preside over some of the court’s positive for COVID-19, which a person in one of the medical the Justice Center closed down highest volume dockets, including resulted in a fourteen-day quarantine lockdown dorms is needed for indefinitely due to damage. The small claims, traffic and parking period before the trial could begin. court. In addition to the established old courthouse continued to be a violations, stalking protective orders, During trial, all participants complied rooms for video appearances from target, as well. The July opening misdemeanor arraignments, and with social distancing requirements, Inverness, the court purchased and date for the new courthouse landlord/tenant matters. and lawyers, witnesses, and jurors configured six iPads to provide brought concerns - what if the Chief Justice Order 20-047 and wore protective face coverings in the supplemental videoconference We all waited in 2019 for the word vandalism shifted attention to the Trials in Multnomah County courtroom at all times. Jurors were capacity for adults in custody when to come - when would the new brand-new building? In the old On February 17, Chief Justice spread throughout the courtroom needed. Because there is no WiFi courthouse open? There had been courthouse, the court remained Martha Walters signed an during trial to maintain social in the jails, the iPads use cellular delays, but most had expected at mostly operational, albeit with far amendment to Chief Justice Order distancing. A separate courtroom LTE service. The court appreciates least some pushing back of the fewer in court staff and many staff (CJO) 20-047. The amendment was used for jurors throughout the the efforts of the Multnomah move-in date. Finally, in January learning how to do their jobs from authorizes - but does not require trial because the deliberation rooms County Sheriff’s Office to respond 2020 we learned the date was set home, and with some types of - courts to conduct jury trials in are too small to accommodate to this situation and arrange for the with a fair degree of certainty; we matters being excluded. criminal and civil cases beginning twelve people with social distancing. alternate appearance options for the would open the doors in July. The We learned how to use WebEx March 1 if the county is out of the Another courtroom was used for adults in custody in those locked- final touches were being made. and began holding remote extreme risk COVID category overflow by the attorneys and staff, down residential units. Furniture was being installed hearings. But only some types of and remains out of the extreme with the trial proceedings transmitted There is new artwork at the and the massive new technology hearings. We had to consider the risk category. In this county, the by video conference onto the large Central Courthouse. The youth- systems were being tested. There lack of availability of technology, court will apply the jury trial screens in that separate courtroom. inspired mural Aspirations for was a palpable sense of relief - we and the disparate impact that policy adopted in November 2020 The trial preparation required Justice has now been installed on might get out of the old courthouse might have on certain litigants, to determine which cases will be substantial planning and court First Avenue. This is a wonderful before it crumbled around us. especially in family law. The court prioritized for trial. In the short staff involvement to allow the trial to mural, painted on metal and Little did we know an entirely sent work-from-home employees term, the top priorities will be proceed safely. The new technology attached to the wood paneling different catastrophe was in the home with hundreds of laptops and criminal cases facing a statutory or worked well and the process went that is currently protecting the offing. We had heard rumblings flip phones. The Teams icons on constitutional speedy trial deadline smoothly. Trial Court Administrator courthouse from vandalism. of a scary new SARS-type virus our computers went from quaint and cases involving a defendant Barbara Marcille noted that it took The court is looking to improve that was spreading around the but superfluous to a necessary evil. held in custody for a year or more about three weeks of preparation to access to justice and procedural globe. We began implementing COVID signage, including the new awaiting trial. The court will also make the necessary changes to the fairness by increasing the use of disinfection protocols; masks phrase warning to “social distance” prioritize any civil jury trials physical spaces, and many members plain language in communications were suggested. Court staff at high and remain six feet apart became where there is a particular urgency of court staff working with the judge with the public. This is important as risk were required to stay home. the code. Two people could get on to conduct the trial during the behind the scenes in order to conduct the court explains safety precautions The court remained operational, the elevator by each squeezing into pandemic. Parties requesting a the trial safely. At the conclusion of and court process changes related although on a much more limited opposite corners. Fortunately, there civil jury trial during the pandemic the trial, jurors reported that they to the pandemic, and making basis. The first of many CJOs and were so few people in the building due to some specified urgency felt safe and appreciated the safety the court’s instructions easier to PJOs were drafted and redrafted by this time, that usually only one should set a scheduling conference measures the court required. understand improves compliance and redrafted again. Masks were in person was waiting for a lift. Blue with Presiding Judge Bushong. In general, the court has the with the court’s directives. short supply, so employees began tape covered seats in the halls and Two jury trials were conducted space to safely conduct three Multnomah County Circuit making them at home and sharing in the courtroom, limiting where in February. One was a criminal trial jury trials per week during the Court is one of six courts across the them with those court staff who people could safely sit, crisscrossing facing the speedy trial deadline and pandemic, depending on the nature nation participating in a project to needed to remain on site. The first like train no-crossing signs, feeling was heard by Judge Angela Lucero. of the case. As noted above, a jury gather feedback from court users and criminal jury trial under COVID as foreboding. It felt ominous and That case involved misdemeanor trial with a twelve-person jury court staff about their experiences protocols was held, with staff lonely, but at least we only had a charges and was decided by a six- utilizes multiple courtrooms and and how the needs of court patrons handing out cloth masks to jurors month or less until we moved into staff, while a trial with a six-person are being met. The court will be waiting in line to get in. Many our gleaming new courthouse. jury may be managed with a single collecting data in the coming months courthouse staff and judges had But in July, we learned there Central courtroom and jury deliberation to help determine what people children, and found themselves would be another delay. We would room if there are a limited number understand, what they don’t, and taking on the role of teacher or have to wait until August so that Courthouse of trial participants. In order to where improvements can be made. daycare provider. Every childcare barricades could be constructed Resumes meet the needs of the community, option ceased to exist. That led to to protect the mostly glass exterior the court has also been preparing to What’s Next? even more employees and judges from vandalism. The protests Afternoon conduct civil jury trials entirely by To reduce COVID-19 infections working from home. were ratcheting up, with the Ex Parte remote means, with even the jurors in the jails, the sheriff’s office is In mid-March, the governor federal police being deployed, appearing from their homes. The first working with the district attorney’s ordered a “shut down,” and office and others to get people out and increasingly frequent use of Beginning April 5, presiding fully remote civil jury trial in Oregon virtually everyone began working of jail sooner. Chief Criminal Judge gas. Counter-protesters began court will resume afternoon began on March 15, presided over from home. Hearings by the Cheryl Albrecht and the DA’s office showing up to confront the Black ex parte appearances at by Judge Eric Dahlin. The court will dozens were set over. JAs were are helping to identify appropriate Lives Matter protesters. Portland 1:30 p.m. daily. circulate written protocols developed scrambling to find new dates. cases and developing procedures became a national focal point, with Call is in Courtroom 7A, by Judge Dahlin’s workgroup after the This was not a pleasant task. and protocols. At the request of Damian Lillard weaving arms to though most appearances conclusion of that fully remote trial. They probably took the greatest SheriffR eese and the DA’s office, lead a march across the Morrison continue to be done The court has started a pilot heat from attorneys and self- Judge Bushong issued a PJO to Bridge and then-President Trump remotely. program for parties who are willing represented litigants who were temporarily allow more people to tweeting that our city was overrun Documents should to waive the right to a jury trial unhappy that their matter would be cited in lieu of taking them into by anarchists. Many of us got texts be emailed to both and opt for a bench trial during the be delayed a month or more. custody when charged with certain from out-of-state friends and of Judge Bushong’s pandemic. Under this pilot program, Then things got worse. Much nonviolent offenses. In addition, family asking if we were okay. clerks, Suzanne Johnson the parties can identify three judges worse. In May, the impending the sheriff’s office is offering For the most part we were (Suzanne.R.Johnson@ who are acceptable to all parties, and virus crisis led the governor to COVID-19 vaccinations to people safe, but the time was emotionally ojd.state.or.us) Judge Bushong will assign the trial to order drastic budget cuts. The held in custody. challenging. The perception by and Katlynn Backus one of those three judges, depending downtown referees were all Chief Justice Walters has been many white Portlanders that (katlynn.m.backus@ojd. on the judges’ availability. furloughed, and so were many working with presiding judges and Portland was different, that we state.or.us), in advance of The presiding judge’s courtroom clerks. A station at the front trial court administrators statewide were more racially aware, was the appearance. has been repaired following major entrance was created for handing on a new chief justice order to replace shaken to its core. Each morning The call-in number is water damage in January, and out masks. George Floyd’s death saw more businesses had boarded presiding call is again being handled existing CJO 20-047 and 20-016. sparked massive protests. The old 503.388.9555, access code 146 700 8974. in Courtroom 7A, although most Continued on page 16 Continued on page 14 10 www.mbabar.org April 2021

to pretrial decision making. the drug possession diversion The Honorable Rather than a decision based on program, Sanction, Treatment, charge and risk, the committee Opportunity, Progress (STOP), Kathleen Dailey advocates assessing the risk of from 2018 through 2020. STOP failure to return for court and has been available since 1991 Multnomah County Circuit Court likelihood of committing new to people charged with felony crimes in the community while drug-possession crimes. Also, by Lee Ann Donaldson on release pending trial. in response to the passage of MBA Court Liaison Committee Judge Dailey reminds us HB 3194 (2013) and the need to that bail is often mistakenly develop evidence-based standards Appointed in 2004, Judge that you agree with it or approve considered monetary. But and best practices for specialty Kathleen Dailey has been on of it... Acceptance is more than the constitutional right is courts, Judge Dailey helped the bench for nearly as long as tolerance; acceptance is truly not monetary - it is a right to initiate the Treatment First model. she practiced law. Judge Dailey saying, ‘okay’ this is how it is. release. And even though we The Treatment First program began her career as a public That’s reality.” Where victims often evaluate from a posture provides risk-based alternative Hon. Kathleen Dailey defender before engaging in civil do not feel a sense of restorative of whether a defendant should supervision and treatment tracks practice specializing in mass tort justice from a defendant, Judge be released, the constitutional for offenders. Additionally, she communication. Ultimately, product liability. The demands Dailey tries to help them feel presumption is for release currently serves on committees Judge Dailey has great respect of practicing a variety of law heard. She uses the philosophy to with appropriate supervision to coordinate the judicial impact for how difficult practicing law prepared her for a diverse course try to understand a defendant’s conditions. In addition to of Ballot Measure 110, which can be and has great respect of work as a jurist. background during plea the constitutional rights decriminalized most instances of for attorneys who effectively Judge Dailey has infused her sentencing, to embrace the considerations, the overcrowding minor drug possession. represent their clients’ needs and practice with the philosophy full picture of the defendant’s of jails adds a sense of urgency When asked what advice she support the advancement of law of Nonviolent Communication humanity. For Judge Dailey, to the need to address the would give practicing attorneys and the judicial system. as developed by Marshall being impartial also requires pretrial process. The committee appearing before her, Judge Judge Dailey counts herself Rosenberg. To her, this being compassionate. is currently working on the Dailey instinctively states that lucky to have always had great philosophy exalts empathy in The judge’s assignments are assessment tool that gives demeanor matters: “People that staff. She hires lawyers as law communication: imagining around half civil, half criminal. stakeholders a better picture present themselves in a polished, clerks (usually newly-minted) and oneself in another’s shoes. “As She enjoys complex civil work, of the two factors; the risk professional, and calm way are enjoys mentoring and working humans, we all share the exact including class actions, and of failure to return for court always a step ahead of those through cases with those new same needs as we live on this motion practice as she is still and likelihood of committing who do not.” She elaborated attorneys. Interacting with her planet. Our strategies for getting learning many new aspects of new crimes in the community that demeanor has many facets: staff gives her a great deal of job our needs met is where we law to this day. Judge Dailey while on release pending trial. physical poise, tone of voice, and satisfaction. Judge Dailey says bump up against each other and presides over criminal cases of Stakeholders include Multnomah how one seeks to be heard when meeting new practicing attorneys we have conflict.” Judge Dailey every stripe, including murders. County’s Local Public Safety disagreeing. Attorneys appearing and seeing their connection with recommends Rosenberg’s book She is available for judicial Coordinating Council (LPSCC), in her courtroom will proceed established attorneys shows her for everyone. settlement conferences in both District Attorney’s office, defense expediently. Judge Dailey that our legal community has Whether at settlement criminal and civil matters. Judge bar, Department of Community understands the stress of trial a strong commitment to the conferences or sentencing Dailey enjoys assisting with Justice (DCJ), Multnomah work and encourages attorneys practice of law. hearings, Judge Dailey engages settlements, especially when the County Sheriff’s Office, victims’ to communicate scheduling and Judge Dailey enjoys the this philosophy constantly; parties come to the table in good rights advocates, Pretrial Release other needs. enthusiasm, advocacy, and she meets people where they faith to use her expertise to move Services (PRS), and others. Judge Dailey appreciates the sense for the pursuit of justice are and accepts what they are toward resolution. Specialty courts have been a clear and clean presentation that she observes in her courtroom. thinking and feeling. She imparts Judge Dailey has served on focus for the Multnomah County technology makes possible but She looks forward to seeing that, in resolving conflicts, the Pretrial Reform Committee Circuit Court for several years. warns that at times these devices more attorneys in person as “Acceptance is not approval, for the last several years, Judge Dailey has administered can distract, especially when the community approaches full and that’s a concept that people including chairing it from two in her time on the bench, counsel prioritizes technology vaccination and the state eases do not always glean. Coming 2016-19. The committee is including the DUII Intensive over other vital aspects of restrictions. to a place where you can accept modifying the pre-trial process Supervision Program (DISP) advocacy, such as maintaining something, that does not mean by implementing a new approach from 2006 through 2012, and eye contact and clarity in

Following graduation from Judge Hodson’s work as a The Honorable BYU, Judge Hodson enrolled at successful litigator at Miller Nash UCLA School of Law, where he only deepened his commitment Jerry Hodson was on Law Review. Soon after to being a judge. Although his graduation from law school in it is unusual for a successful Multnomah County Circuit Court 1987, he and his wife, who is from commercial litigator from a large Eugene, moved to Portland, where firm to go from a lucrative private by Paul Bovarnick, MBA Board Liaison Judge Hodson began an 18-year practice to the Multnomah County MBA Court Liaison Committee career with Miller Nash, litigating bench, the transition was exciting complex commercial cases. and stimulating for Judge Hodson. There are probably as many use his impressive collection of As a law student, Judge Hodson It turns out that being a reasons to become a judge as there vinyl records to fund a mission to began to see the role of a judge as Multnomah County Circuit are judges. Judge Jerry Hodson Argentina. one central to the community and Court Judge has proved more wanted to be a judge because When he was in sixth grade he to democracy. He began to think rewarding than Judge Hodson he thought he could serve the interviewed a lawyer for a school that what he really wanted to do had imagined. For Judge Hodson, Hon. Jerry Hodson community and imagined that the project which sparked his interest was to become a judge. His work every case is interesting, and work would be both challenging in the law. In high school, Judge as a litigator only reinforced his every day he gets to use his talents and rewarding. He was right on all Hodson discovered that he liked Medical Malpractice Docket since commitment to that goal. in the way he was meant to. 2007. For Judge Hodson, it is the three accounts. working out logical constructs, Although Judge Hodson’s Judge Hodson learned early Lawyers who have appeared enjoyed working with language, rare day when he is not presented focus early in his career was on in his judicial career that humility with facts or law that he has not before Judge Hodson know him and felt drawn to public service. So his wife, his three children and his was crucial to learning the trade. to be patient, thoughtful and although none of Judge Hodson’s encountered before. work as a litigator, he still found And initially there was a lot to When he is not on the bench, decisive. Like all good judges, he living relatives were lawyers, by time to volunteer with his church learn. For example, the largest lets lawyers try their cases and the time he graduated from high Judge Hodson and his wife spend and with youth groups. While single part of a Multnomah County time with their family. He still make their arguments before he school, Judge Hodson knew that he he was practicing, Judge Hodson Circuit Court Judge’s docket is makes a decision based on law and wanted to be one. loves the outdoors, and spends was active in pro bono programs, criminal, something that Judge time hiking and biking and evidence, and not his preferences. Judge Hodson attended and, as a lawyer and judge, he Hodson had had no experience Of course, his qualities as a judge Brigham Young University, in traveling in Oregon and beyond has served for many years on bar with before he ascended to the with his family. His other hobbies are well known. How he got to be Provo, Utah, graduating in 1983 and professional committees. As bench. Learning criminal law and such a good judge is not. magna cum laude with a degree in include eating out and cooking, a lawyer, he also learned that he procedure was challenging, but it gardening, reading and, believe it Judge Hodson was born in business. While in college, he did a could be as good at finding a way proved exhilarating. The same 1960. He grew up in Phoenix, the stint as a missionary in Argentina. or not, eating chocolate. to resolve disputes as he was at was, and is, true for much of For Judge Hodson, serving as a fifth of six children. His father, While on his mission, he learned litigating them. Judge Hodson’s docket. Indeed, who died when Judge Hodson to love and appreciate people Multnomah County Circuit Judge Although he loves his work, he Judge Hodson’s experience as a has proved to be the perfect vehicle was 15, was a computer engineer. who were from backgrounds and never tried to push his sons toward judge has continuously reinforced His mother was an office assistant. cultures different from his own. to engage his talents and his the law. So it’s not surprising that his belief that a judge must be values. Judge Hodson is grateful Judge Hodson was an athlete and His mission also helped inspire his his sons are an accountant, a not only thoughtful and fair, but active in student government. love of service and showed him just for the opportunity to serve and medical student and an engineer. humble. These qualities have thankful to be able to do a job that He loved the outdoors and rock how satisfying hard work could be. allowed him to successfully and roll. In fact, he would later has proven to be both challenging manage the Multnomah County and fulfilling.

11 Multnomah Lawyer

because she was intimately aware LASO Unemployment of the facts and felt strongly that her client should receive benefits. Insurance Benefits Panel On appeal, Fitzwater successfully secured benefits for her client. Pro Bono Spotlight If benefits are granted at any What is the YLS? stage, the pro bono attorney is not An inclusive section of the bar, comprised of any MBA by Kelsey Benedick involved in actually securing the member in practice less than six years or under the YLS Pro Bono Committee benefits. Instead, claimants are age of 36. The YLS provides leadership, networking, encouraged to call the statewide In Spring of 2020, Legal Aid before the OAH are conducted public benefits hotline run by professional development and service opportunities. Services of Oregon (LASO) telephonically. LASO and the Oregon Law And we have fun! launched its Unemployment According to volunteer Center if they experience any Insurance Benefits Panel (the attorney Celia Fitzwater, LASO issues receiving their benefits. “UI Benefits Panel”). The launch prepares an intake form for each The UI Benefits Panel could not have been more timely. claimant that provides a helpful currently serves Oregonians Tom Marshall Oregon saw its unemployment framing of the issues for the living in Clackamas, Hood YLS Member Spotlight rate more than quadruple from volunteer attorneys. The majority River, Multnomah, Sherman, 3.5 percent in March 2020 to 14.9 of cases referred to the UI Benefits and Wasco counties. Given that percent in April 2020, according Panel involve a dispute over the by Nikki Abercrombie hearings and client meetings are to US Bureau of Labor statistics. nature of the work separation YLS Board now held by phone due to the Indeed, according to the Oregon underlying the claimant’s pandemic, LASO staff attorney Tom Marshall, a renewable energy Employment Department, more unemployment. For example, and pro bono coordinator Brett associate at Troutman Pepper than 362,200 Oregonians filed was the claimant terminated for Cattani hopes more pro bono Hamilton Sanders, LLP, began his initial claims for unemployment misconduct associated with his attorneys will volunteer with the involvement with the YLS in 2016 insurance between March 15, or her work? If the claimant quit panel so that LASO can expand as a way to stay connected to the when the public safety measures his or her employment, was it the panel’s services to include legal community while working in related to COVID-19 began, with good cause? additional rural areas. a JD-preferred job after graduating and April 30, 2020. Although UI cases are typically very UI benefits are critical. They from University of Oregon School Oregon’s unemployment rate fact-intensive and, as a result, help Oregonians put food on the of Law. A Hillsboro native, Tom has since decreased, a significant require considerable (and table, maintain housing, pay bills, attended University of Redlands number of Oregonians remain currently remote) client contact. and more. They reduce poverty in Southern California where unemployed. As of December These cases provide valuable fact and stabilize the economy he ran track and cross country. 2020, Oregon had regained only investigation, trial preparation, by allowing the recipients to Tom returned to Oregon for law 37 percent of jobs lost during the and client counseling experience continue patronizing local school and spent his third year in COVID-19 pandemic. in addition to crucial services to Tom Marshall businesses where they would Portland, as part of University of LASO previously referred UI Oregonians in need. Unfamiliar otherwise not have money Oregon’s Portland program. His YLS. In fact, Tom’s involvement cases to a handful of volunteer with UI law? No problem! LASO to spend. These benefits are interest in energy law led him to with the MBA led to his current attorneys, and launched the UI is available every step of the way important to the economic work for two years as a contract position as a renewable energy Benefits Panel to make a more to provide training materials health of not only the recipients, specialist for Vestas, a wind- associate at Troutman, where concerted effort to address and virtual CLE courses, answer but of Oregon as a whole. turbine manufacturer. Wanting to he has been since 2018. Shortly the unprecedented number of questions, and even second chair maintain contact with the Portland after passing the bar exam, Tom unemployment claims being a pro bono attorney’s first hearing. If you are interested in joining legal community while working signed up to participate in the filed in Oregon. Attorneys who Pro bono attorneys may, but LASO’s UI Benefits Panel or in a commercial, non-lawyer MBA’s mentor program, where volunteer with the UI Benefits are not required to, continue learning more about virtual position, Tom joined the MBA. his assigned mentor was Andrew Panel typically get involved representing a claimant through volunteer opportunities with the In 2017, Tom joined the YLS Schpak. After Tom mentioned following a denial of benefits by appeals to the Employment panel, please contact Brett Cattani Continuing Legal Education he was interested in moving to a the Employment Department Appeals Board and the Court at [email protected]. (CLE) Committee and today law firm to practice energy law, and represent claimants in an of Appeals. Fitzwater opted Visit www.mbabar.org/probono serves as the committee’s co- Andrew helped connect Tom to appeal of the denial before the to appeal the OAH’s denial for additional pro bono service chair, along with Heather Fossity. Troutman, and the rest is history. Oregon Office of Administrative of her client’s UI claim to the opportunities. The YLS CLE Committee is a Tom’s practice is focused on Hearings (OAH). Hearings Employment Appeals Board critical component of the YLS, renewable energy transactional as proceeds from the CLEs fund work, where he assists energy and membership could be nearly all of the YLS’ activities. industry clients located around YLS Announces Social doing to address them. The committee plans three the country with the drafting 3. Evaluate the need for an CLE series each year, as well as and negotiation of construction, Justice Task Force additional YLS social justice occasional standalone seminars on finance, and M&A agreements. committee and draft an specific topics - all geared towards In 2019, Tom was named as a by Brad Krupicka initial charge. providing Portland’s newer lawyers Phenom by the Daily Journal YLS President 4. Evaluate and plan further with the skills and tools they need of Commerce, which recognizes programming addressing to be successful practitioners. And young professionals in the region organization should be systemic oppression, racial in a year where in-person CLEs who work in the construction, addressing to foster positive justice, and access to justice. have had to go entirely virtual, it development, energy or promotion of social and has been a benefit to the YLS as a sustainability industries. access to justice issues. For more information, or to join whole to have Tom at the co-helm, When he’s not busy drafting 2. Evaluate the role of lawyers, the task force as a volunteer, making sure the committee’s CLE agreements for renewable and especially young lawyers, please reach out to YLS President programming runs smoothly in energy companies or planning in addressing these issues and Brad Krupicka at spite of the new virtual format. CLEs, Tom likes to get outside. ask what the YLS committees [email protected]. Tom was originally interested He is an avid runner and has in joining the CLE Committee completed several marathons because it was a good way to meet and half-marathons, including more experienced practitioners in the Portland Marathon and the addition to other young lawyers. Helvetia Half-Marathon. He Plus, it was a fun and easy way also helped found and currently The YLS Social Justice Task April Donation Drive to to make sure he was getting his maintains a disc golf course in Force (SJTF) held its first general CLE credits done. Next year, Tom the Portland-area and is an active meeting on March 23. The SJTF Benefit Transition Projects will be joining the YLS Board of cyclist. Finally, while the event seeks to evaluate the ways in which Directors. He is excited to work was unfortunately postponed in we as young lawyers can address April 12-16 with the other committees and to 2020 due to the pandemic, Tom issues of racial and social justice, The YLS Service to the Public Committee has gain a wider perspective on how planned, and hopes to host in the and other access to justice issues. organized a donation drive to benefit Transition the YLS as a whole fits into the future, an inter-law firm charity An enthusiastic group of young greater MBA. relay race, tentatively called Projects, a local nonprofit helping people lawyers gathered to discuss ways Tom has enjoyed his Relay for a Reason. transition from homelessness and living on the experience in the MBA and the to improve the community at-large and perform an introspection of streets into housing. View a list of needed items the YLS to address blind spots and and find the convenient drop-off location nearest action items. you on the MBA website: As part of its mission, the SJTF will seek to take the following steps. www.bit.ly/tprojects-donate 1. Evaluate the YLS to identify action items that the

12 www.mbabar.org April 2021 Newly-Appointed YLS Implications of the Board Officers for 2021-22 COVID-19 Pandemic on Terms Begin June 1 the Courts including advising businesses regarding strategic business Q&A with the Honorable planning, employment, and tax Stephen K. Bushong issues. Peter joined the board in 2019, and presently serves as by Laura Polster YLS Board Liaison to the YLS YLS CLE Committee Membership Committee. Peter served on and later This article was written prior Because jury trials pose an Hon. Stephen K. Bushong chaired the YLS Service to the to the issuance of Chief Justice increased risk of infection for Public Committee 2017-19. Order 21-009. members of the community, The court has seen a decrease Outside of the MBA, Peter we postponed civil jury trials in civil filings from 2019 to presently serves on the board and most criminal jury trials 2020 that began around March/ of the Lewis & Clark Small during the pandemic. Most April of this year, but I cannot Business Legal Clinic and the of those cases now have trial say whether that is due to HB Nikki Abercrombie Portland Fruit Tree Project and dates in the summer and fall of 4212. There has also been a YLS President-Elect is Nikki is a member of the Oregon Asian 2021 or early 2022. If there is a decrease in filings in other Abercrombie. She is a litigation Pacific American Bar Association. particular urgency to resolving categories, including small associate at Cable Huston LLP a case during the pandemic, we claims, landlord/tenant, eviction, where she practices business and are offering judicial settlement criminal misdemeanors, commercial litigation, probate conferences (JSCs), bench trials, driving violations, and parking. and trust litigation, and appeals. and, in some instances, jury Specifically, in 2020 we had a Nikki joined the YLS Board in trials with some or all of the total of 11,458 new civil cases 2018 and presently serves as YLS proceedings conducted remotely. filed, compared to 13,522 new Treasurer and liaison to the YLS Chief Civil Judge Chris Marshall civil cases in 2019, meaning there CLE Committee. The COVID-19 pandemic forced is available to help schedule JSCs. was a decrease of 2,064 in civil Nikki first became active all of us to adapt to rapid changes case filings in 2020. Small claims Many attorneys may be cases are down from 8,136 in within the YLS when she joined in our personal and professional struggling to get discovery due the CLE Committee in 2015 and lives. I recently interviewed 2019 to 3,720 in 2020. Landlord- to the pandemic, or had trials tenant cases are down from was appointed as committee chair Multnomah County’s Presiding that originally were spread for the 2017-18 program year. Judge Stephen K. Bushong 5,957 in 2019 to 1,678 in 2020. throughout the year now Traffic violation cases are down In addition to her involvement to gain insight on how this scheduled back-to-back trials with the MBA, Nikki currently Nyika Corbett pandemic impacted the judges, from 114,403 in 2019 to 92,549 in the summer and early fall in 2020. Parking violations are serves as chair of the OSB MCLE YLS Treasurer is Nyika court staff, attorneys, and months. What is your advice Committee and also serves as a litigants in Multnomah County significantly down from 238,514 Corbett. She is a litigation for attorneys in that position? in 2019 to 87,081 in 2020. mentor in the OSB New Lawyer associate at Schwabe Williamson over the past year. We understand that some Mentoring Program. We have not seen a decrease & Wyatt PC where she represents attorneys may not be ready for in filings in domestic relations, businesses in litigation, labor Section 7 of HB 4212 tolls trial in some cases this summer the statute of limitation that juvenile, probate, civil commitment, and employment matters. Nyika and fall, whether it is due to or protective order cases. joined the board in 2019 and fall during Oregon’s State scheduling or issues obtaining presently serves as the YLS of Emergency until 90 days discovery. We will evaluate Have there been any changes Board Liaison to the MBA after the state of emergency requests to reschedule a trial implemented during COVID-19 Professionalism Committee. ends. Has this impacted other date on a case-by-case basis. that the court may continue Nyika first became active deadlines and court schedules The court will likely reschedule after the pandemic? within the YLS when she joined during the state of emergency? the trial if the parties agree and Locally and statewide we are the CLE Committee in 2015, It’s hard to say. Before have been diligently working looking at some of the ways later chairing the committee COVID-19, the expectation was the case during the pandemic. the court adjusted to the for the 2018-19 program that a civil case would resolve If attorneys are scheduled with pandemic and believe that year. She chaired the OSB within a year, but we’ve become back-to-back trials, I would some of these measures might Oregon New Lawyers Division much more lenient on that time encourage them to consider make sense to continue after the Member Services Committee frame since the pandemic began. assigning some of their trials to pandemic ends. For example, Peter Tran from 2018-19, served on the Motion practice has proceeded other lawyers in their firm, who taking time to drive and park Planned Parenthood Columbia as usual, as the courts have might benefit from additional downtown at the courthouse YLS Secretary is Peter Tran, Willamette, Friends With adapted quickly to conducting trial experience. Lawyers should for a 15-minute hearing doesn’t of Immix Law Group, where Benefits board from 2015-19, oral arguments electronically via also consider scheduling a make sense if we can conduct he guides businesses through and volunteered her pro bono telephone and videoconference. judicial settlement conference that hearing effectively by the corporate formation and services to the Lewis & Clark Earlier on in the pandemic we through Judge Marshall’s videoconference. Statewide, the corporate growth process, Small Business Legal Clinic and did see attorneys needing more chambers to alleviate their presiding judges and trial court St. Andrew Legal Clinic. time for motion briefing and crowded trial calendars. administrators meet regularly hearings. Opposing counsel in with the chief justice, the state those situations understood, Has the court noticed a court administrator, and OJD and they were flexible with decrease in civil filings since staff to discuss ways in which their colleagues, which is the the start of the pandemic in we can improve our service to professional thing to do. light of HB 4212? the community. Many of us agree that having attorneys and parties appear electronically THOMAS W. BROWN can be much more efficient and healthier for the environment. Our court is also involved in ARBITRATION | MEDIATION a national project to collect Over 38 years of trial and appellate court experience. feedback from court users so that we can better understand Over 20 years experience as a neutral handling their experiences and needs. We a wide range of civil disputes. continue to work on developing Available statewide for private neutral work, processes and procedures to as well as work through the American Arbitration improve our justice system. Association, Arbitration Service of Portland, The American Health Lawyers Association, and various state and federal court dispute For more on this subject join resolution programs. presenters Multnomah County Circuit Court Judge Angela RESPECTED, Lucero and United States RESOURCEFUL, District of Oregon Magistrate REASONABLE Judge John V. Acosta at the “Navigating the Court System in COVID” CLE Seminar on Thursday, April 8. See the

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13 Multnomah Lawyer

Tips From the Bench Although damage to the or fell ill from COVID, leading to On November 27, 2020, after suppression sprinkler bursting courthouses continued, there was quarantining of many employees, 100 years serving our community that flooded the presiding Continued from page 10 a sense of promise. Maybe the but thankfully none spread in court as the primary county courthouse, courtroom and more. The first worst was over? There was hope facilities. Then the wildfires came, and eight years after the process large pane of glass was smashed, up their windows. Protestors of a new vaccine. The nightly covering our city with an angry, of bringing the new courthouse which led to the installation continued to direct much of their damage had abated some. Plans ominous red cloud that choked to reality, the keys to the historic of yet another, inner layer of anger at the Justice Center, the began for creating a mural project us even further, and we learned courthouse were turned over to barricade. The power at the federal courthouse, and our old for the exterior barricades at what that our masks could not keep out the new owners. I hope they got Central Courthouse was shut courthouse. Our entrance was was now to be called the Central the smell. Our eyes burned. We through all the disclaimers, and down for four days leading to limited to one door, and all the Courthouse (rather than the New learned from Google how to turn I hope they appreciate what a three days of court closures. doors and windows were boarded Courthouse). We were getting a cheap fan and a furnace filter majestic and unforgettable building That was followed by our historic up. The graffiti often disparaged used to wearing masks, and some into personal space filter. That was she is. I will miss my courtroom, snow and ice storm that created us, and the values we stand for. creative types made beautiful, silly the least of it. Families and friends which I chose specifically more than the normal havoc As a bench that has worked so or individualized ones. Whole lost homes, jobs, lives. The election because the front of the bench is for Portland drivers and led to hard to ensure fairness and equal new “business processes” within loomed. Partisanism ruled the day. framed by wood carved “waves,” internet and power outages all access to justice it was difficult the court administration were The protests had gotten smaller, which makes this weekend through the county and beyond. to see the criticism, but we developed and learned to enable but those that continued tended to mariner happy. I moved into a That, of course, impacted court understood and it created an even more court processes to resume. be more destructive. Occasionally, “chambers” that does not have activities, as roads were closed greater urgency on our bench to We learned a completely new people were sent home early near the grandeur. But it does and working from home became do better. We saw fewer people on lexicon related to working from when protests and counter- have a nice view, and after only a impossible. By now, no one was the street on our way to work, and home (now called simply WFH), protests looked like they might few weeks the temperature now surprised that some new mini or those we saw looked down and and Zoom and other tech stocks rage near the courthouse. There stays just right. major disaster had struck. we tried to avoid each other. For were soaring. The furloughed was little cause for optimism. It’s been quiet since we But we had our first, and Portlanders, this new “normal” of referees and clerks were returning. But this time the date held. “moved in.” Better phones and then another, civil jury trial in etiquette felt distressing - we are We were packing for the move - On October 5, 2020, with better computers were deployed the courthouse. An incredible people who nod and smile and again. We’d figured out how to get virtually none of the fanfare to the WFH crews. Most judges mural created by local young say hello to strangers as we pass lunch. Optimism was seeping back. such a beautiful new courthouse are using WebEx to preside artists and placed on the outer by. We hid our discomfort behind Then there was a major deserved, we opened for judicial over trials from their homes, barricade was dedicated. The view our masks as best we could. phishing attack against OJD. A business. We walked in through and clerks have learned how to from the lobbies of the sunrise The move to the new major power outage at the Juvenile a massive plywood exostructure, run the FTR from their homes, over the river with Mt. Hood courthouse got pushed out to Justice Center. Downtown was made less depressing by the row as well. One hundred percent as the backdrop is spectacular. October. October? What’s three a ghost town during the day. of wonderful self-portraits of of employees were equipped to Somehow, we still have the most more months? More employees tested positive local students and their words of work from home if necessary. amazing trial court administrator. hope. There was useful electronic COVID cases in the jails The county’s COVID risk level signage everywhere, including a skyrocketed, and a new daily has dropped to moderate. A new video of Judge Lopez speaking in report resulted to inform which CJO and PJO is in the offing. K. William Gibson Spanish about the court’s pledge sections of the jail were under More people are returning to the Arbitrator & Mediator of fairness, and a huge electronic quarantine. Occasionally, but courthouse. We will never return reader board that directed parties less frequently now, an employee to “normal” but our “new normal” (503) 307-1676 to their courtroom. A phalanx would test positive and internal is loaded with possibilities. gibsonmediation.com of elevators required a single court contact tracing resulted in touch of a button to swish court limited quarantines. But we were Judge Allen thanks Barbara users to their destination. Of getting back on track. Marcille, Multnomah County course, COVID signage remained Of course, there was that Trial Court Administrator, for Here is what lawyers say everywhere. Blue tape still marred infamous plumbing issue that allowing her to use Barbara’s about Bill Gibson: the furniture. But, oh what a view shut down floors of toilets. extensive notes and, in “Fair & Impartial” awaited court patrons outside Elevators stopped working. many cases, for the lawyerly “Easy to work with” the huge river-and-mountain That was followed by a fire “borrowing” of her words. facing windows on every floor. “Doesn’t take himself PCD_Flyer_9.28.20.pdf 1 9/28/20 12:37 PM Available for court too seriously” The courtrooms were large and annexed arbitrations, functional and filled to the brim UM/UIM arbitrations and “Courteous“ with technology. And, no one mediations statewide. “Hasn’t forgotten what worried about an earthquake. No charge for travel. it’s like to try a case” Beautiful art by local artists abound. We have an amazing Schedule online at filtration system; better than www.gibsonmediation.com/calendar many hospitals.

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14 www.mbabar.org April 2021

Conduct at 1.6 (c), state that: “A step away from the listening ears lawyer shall make reasonable of Alexa when we take those client The Corner Office prof essionalism efforts to prevent the inadvertent calls at all times, everywhere? or unauthorized disclosure of, or unauthorized access to, The Corner Office is a recurring Are We Allowing Technology to Erode information relating or the feature of the Multnomah Lawyer representation of a client.” In this and is intended to promote the Traditional Canons of Professionalism? new age of lawyering with virtual discussion of professionalism The Arrival of “Virtual devices and systems. This means recently reported in the A B A’s assistants, are we all making taking place among lawyers in our Assistants” our discussions with our family, Law Technology Today, the reasonable efforts to prevent our community and elsewhere. While Like it or not, we dwell in a world coworkers, and clients are being risks are food for thought “as inadvertent or unauthorized The Corner Office cannot promise of digital virtual assistants, a heard everywhere. The devices are digital assistants, like Microsoft’s disclosure of or access to our to answer every question submitted, common feature on most every trained to listen to what we say and Cortana and Alexa for Business, client communications? its intent is to respond to questions lawyer’s personal electronic respond as we need them to. In [become more common in] ... In order to honor our duties that raise interesting professionalism device. The virtual assistants fact, the devices are listening even the workplace. Smart speakers of professionalism as we emerge concerns and issues. Please send are marketed to make our lives before we utter the words “Alexa” [make] ... it easy for a user to from the new post-COVID-19 your questions to mba@mbabar. more efficient by responding or “Hey Siri” because they need check the calendar and add pandemic and its rise of remote org and indicate that you would to commands and providing to know when we are addressing meetings, create and track to-do working, videoconferencing, like The Corner Office to answer users with more access to more them.3 This startling reality raises lists, read and send emails and Zoom meetings and virtual your question. Questions may be information in a (theoretically) questions and risks regarding instant messages, and ask general- everything, perhaps we should submitted anonymously. more efficient manner. Yet, like violations of the device users’ knowledge questions. Eventually, many aspects of technological common law rights to privacy, and those devices will also become advancement, the emergence of our clients’ expectation and right to the go-to for accessing business virtual assistants may threaten or entrust their lawyers to protect and applications, financial reporting, reshape how we meet our duties safeguard the confidential nature of system monitoring, customer Washington of professionalism. our communications. As we render support and information from or Oregon Now more than ever, we are legal advice, perhaps it’s time to other custom integrations. challenged to protect the highly reconsider - who are we speaking More than 18,000 companies confidential nature of our client to, about whom, and where? [currently] ... use Alexa in some Or both communications when the world To appreciate the potential capacity, and the total jumps is constantly being recorded and breadth of this problem, consider higher if you include devices “virtually assisted.” To put the the recent Amazon case that from Apple, Google, and other widespread use in perspective: arose in our own backyard. News manufacturers... Companies and at the time of this writing, it was outlets widely reported an Oregon law firms also use [the devices] in reported that Americans enjoy case4 involving an Alexa device ... individual offices and common over 110 million virtual assistants, owner’s claims against Amazon, areas,...conference rooms.” and there are 4.2 billion voice which allegedly employed human JESSE JACOBS DON JACOBS assistants actively used in devices reviewers to listen to and collect The Duty to Prevent the around the world.1 The statisticians data captured by claimant’s Inadvertent or Unauthorized predict that by 2024, the industry Amazon Echo “smart devices.” Disclosure of, or Unauthorized will grow with an increased The claimant device owner Access to, Client Information “number of digital voice assistants apparently did not know and was As our profession relies more We’re on your side [expected to] ... reach 8.4 billion not informed of Amazon’s policy heavily on the use of smart units - a number higher than the of capturing and surveilling devices, we face increased Available for consult, association, or referral for world’s population.”2 the private conversations. The security concerns, phishing/ injury claims in Washington and Oregon. With the growing number problems came to light when hacking concerns, and the threat of digital devices (including the recording captured private that technology may erode or Let’s talk soon. the three main ecosystem/ conversations and the “smart threaten our traditional canons smart device platforms: Google device” not so brilliantly emailed of professionalism. Yet, as Assistant, Amazon Alexa and the recording to a random phone technological advancements Apple Home), chances are that contact of the smart device owner. continue to surface, JESSE JACOBS DON JACOBS most lawyers own a smartphone As Brian Schrader, President professionalism dictates that we OTLA Guardian Trial Lawyer of the Year, Clark County (2015) WSAJ Eagle and smart home with connected of BIA (www.biaprotect.com) honor our duty to protect the Past President, Oregon Trial Lawyers confidentiality of information Association 1 Statista Research Department, 3 Schrader, Brian, www.bit.ly/3tw439k entrusted to us from our clients. www.bit.ly/3bWRApk 2 The OregonR ules of Professional Schrader, Brian, www.bit.ly/3tw439k 4 Kuruvilla, Ria, www.bit.ly/38NXVkQ Portland 503.222.7757 Vancouver 360.695.1624 nwinjurylawcenter.com

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15 Multnomah Lawyer

News From the The legislative session is underway. The budget is always Courthouse a concern. The OJD is cautiously Continued from page 10 optimistic that the legislature will approve a budget which allows The new CJO takes into the court to maintain its current POWERING account the recommendations level of operations without further from practice area workgroups reductions. Among the bills of PAYMENTS and available technology, while interest in this community is SB 188, FOR THE providing for sufficient flexibility proposed by Multnomah County to address the needs of various and supported by the Oregon courts and communities across the Judicial Department. The bill LEGAL state. The new CJO is intended to increases the court’s ability to use the ensure the safety of judges, court East County Courthouse. Because INDUSTRY staff, lawyers, and members of the there is no detention area in the The easiest way to accept credit, community while meeting the East County Courthouse, current debit, and eCheck payments needs of the community to the statute prevents court proceedings greatest extent possible during involving individuals in custody The ability to accept payments online this pandemic. The chief justice from being conducted in that facility. has become vital for all firms. When also wants the procedures to be The bill allows more flexibility for you need to get it right, trust LawPay's as transparent as possible so that matters to be conducted at the proven solution. everyone will know what to expect East County Courthouse when when they are required to come to warrants can be resolved and As the industry standard in legal any of the circuit courts in the state. detention is not needed. payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and Space Available specialty bars, the ABA, and the ALA. Classifieds Two Office Shares in Downtown Portland; 1 Month Developed specifically for the legal Free with a 12 Mo Lease industry to ensure trust account Positions One is 14x12 for $1,200 per compliance and deliver the most month, and the other is 15x10 secure, PCI-compliant technology, Available for $1,025 per month. 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